Browse

Borkowski's Law of Succession gives full attention to this area's rich and evolving case-law, illustrating the relevance of the law to modern life; the central issues and academic debates surrounding inheritance are discussed fully. This revised edition of the text includes a new introductory chapter covering the demographic and policy context of succession law. It also covers new case-law including Gill v Woodall, Olins v Walters, and Barrett v Bem, new legislation including the Marriage (Same Sex Couples) Act 2013 and the Gender Recognition Act 2004. The text also looks at relevant Law Commission projects (including the eventual Inheritance and Trustees' Powers Act). Finally, there is discussion of the latest succession law scholarship.Less

Titles in the Casebook on series provide readers with a comprehensive selection of case law extracts for their studies. Extracts have been chosen from a wide range of historical and contemporary cases to illustrate the reasoning processes of the courts and to show how legal principles are developed. Todd & Watt’s Cases and Materials on Equity and Trusts provides an essential reference source. This tenth edition contains an impressive range of relevant and interesting case law, statutory material, academic writing, and official proposals for law reform. The book is composed of a number of parts. The book starts with an introduction to equity and trusts. The next part covers the creation and recognition of trusts. The third part considers the regulation of trusts. The part that follows looks at trustees and third parties. The final part looks at maxims, doctrines, and remedies.Less

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource.This book deals with the emergence of equity and how it differs from the common law. The trust concept is explained and the different types of trust that exist outlined. These include resulting, constructive, and charitable trusts. Trusts must obey certain basic rules such as legal formalities and the three certainties of intention, subject matter, and the need for a beneficiary. There are exceptions to these strict rules, such as proprietary estoppel and certain gifts made upon death, for example secret trusts and donatio mortis causa. The office of trustee is considered, including the methods of appointment; their powers of maintenance, advancement, variation, and investment; and the fiduciary nature of their office. Equitable remedies, such as injunctions, specific performance, and tracing are included. The use of constructive trusts in cohabitation disputes is analysed.Less

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the origin of equity and trusts as distinctive aspects of the English legal ystem and the subsequent merger of equity with the common. It covers the meaning and origin of equity; what became of the chancery jurisdiction after the Earl of Oxford but before the Judicature Act; the reform of the Court of Equity; the Supreme Court of Judicature Acts 1873–5; the modern relevance of equity; the types and nature of trusts; and the recognition of trusts.Less

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers and author commentary. This book offers advice on what to expect in exams and how best to prepare. It starts off with an introduction to the nature of equity and the law of trusts. The three certainties and formalities are then described. There is a chapter on trusts, powers, and discretionary and protective trusts which is followed by a description of charitable trusts, trusts of imperfect obligation, and implied and resulting trusts. The book goes on to look at constructive trusts, estoppel, the administration of trusts, and finally looks at equitable remedies. This book also includes separate chapters on skills for success in both exams and in coursework assessments.Less

The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans, suggested answers and author commentary. This book offers advice on what to expect in exams and how best to prepare. It starts off with an introduction to the nature of equity and the law of trusts. The three certainties and formalities are then described. There is a chapter on trusts, powers, and discretionary trusts which is followed by a description of charitable trusts, trusts of imperfect obligation, and implied and resulting trusts. The book goes on to look at constructive trusts, trusts of the family home, equitable estoppel, the administration of trusts, and finally looks at equitable remedies. This book also includes separate chapters on skills for success in both exams and in coursework assessments.Less

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. Equity sets out the basic principles of Equity, and illustrates them by reference to commercial and domestic examples of their operation. The text, which is the second edition, describes the role of Equity in creating and developing rights and obligations, remedies and procedures that differ in important ways from those provided by the Common Law itself. This edition offers a reworking of the material traditionally described as Equity. In doing this, it provides an examination of the fundamental principles underpinning Equity's most significant incursions into the modern law of property, contract, tort, and unjust enrichment. In addition, it exposes the possibilities, and the need, for coherent substantive integration of Common Law and Equity. Such integration is perceived in this text as crucial to the continuing success of the modern Common Law legal system.Less

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Equity & Trusts: Text, Cases, and Materials provides a guide to the subject by providing analyses of the law of equity and trusts with extracts from cases and materials. This book takes into account the major legislative changes introduced since the publication of the first edition, in addition to offering analysis of recent key cases including the Supreme Court’s decision on Pitt v Holt [2013] on the Hastings-Bass rule and mistake in equity, Williams v Central Bank of Nigeria [2014] on limitation periods in dishonest assistance and knowing receipt, FHR European Ventures v Mankarious [2013] on bribes being held on constructive trust, AIB v Redler [2014] on remedies for breach of trust, the Privy Council’s decision on Brazil v Durant International Corp. [2015] on backwards tracing, and the Court of Appeal’s decision on Novoship v Nikitin [2014] on dishonest assistance. The book is made up of nine parts that consider express private trusts, purpose trusts, non-express trusts, beneficiaries, trusties, variation, breach, and orders.Less

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. Equity & Trusts: Text, Cases, and Materials provides a guide to the subject by providing analyses of the law of equity and trusts with extracts from cases and materials. This book provides analysis of significant recent key cases including the Supreme Court’s decision in Patel v Mirza where a new approach to determining the impact of the taint of illegality on private law claims was identified, which is of particular significance to claims for breach of trust and the recognition of the resulting trust. Other relevant decisions include: Angove’s Pty Ltd v Bailey, on the recognition of the constructive trust; Akers v Samba Financial Corp, on the nature of proprietary interests and rights under trusts; Ivey v Genting Casinos UK Ltd (t/a Crockfords Club), on the definition of dishonesty; and Burnden Holdings (UK) Ltd v Fielding, on limitation periods. Similarly, the Privy Council has heard important appeals in the area of Equity and trusts: notably Investec Trust (Guernsey) Ltd v Glenala Properties, on trustees and breach of trust and Marr v Collie, on the recognition of the common intention constructive trust. The impact of these developments has meant that there has been particularly significant rewriting of chapter 7 (constructive trusts) and chapter 9 (informal arrangements relating to land), plus significant rewriting of sections in other chapters, especially as to the nature of the rights and interests under a trust and the effect of illegality. The book is made up of nine parts that consider express private trusts, purpose trusts, non-express trusts, beneficiaries, trusties, variation, breach, and orders.Less

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for and how to achieve extra marks. Equity & Trusts Concentrate covers all aspects of equity and trusts. Chapters look at the history and development of equity. The second chapter looks at the concept of a trust. The book also examines charitable, non-charitable purpose, secret, and implied trusts. Finally, issues relating to breach of trust and liabilities are covered. This edition has been updated to include: recent developments in the law and new case coverage.Less

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Equity & Trusts Concentrate covers all aspects of equity and trusts. Chapters look at the history and development of equity. The second chapter looks at the concept of a trust. The book also examines charitable, non-charitable purpose, secret, and implied trusts. Finally, issues relating to breach of trust and liabilities are covered. This edition has been updated to include: recent developments in the law and new case coverage.Less

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This book explains the key topics covered on equity and trusts courses. The content of the text is designed to emphasise the relationship between equity, trusts, property, contract, and restitution to enable students to map out conceptual connections between related legal ideas. There is also a focus on modern cases in the commercial sphere to reflect the constantly changing and socially significant role of trusts and equity. The book starts by introducing equity and trusts. It then includes a chapter on understanding trusts, and moves on to consider capacity and formality requirements, certainty requirements, and the constitution of trusts. Various types of trusts are then examined such as purpose, charitable, and variation trusts. The book then describes issues related to trusteeship. Breach of trust is explained, as is informal trusts of land. There is a chapter on tracing, and then the book concludes by looking at equitable liability of strangers to trust and equitable doctrines and remedies. This new edition includes coverage of significant recent cases, including Futter v HMRC Futter v HMRC Commissioners; Pitt v HMRC Commissioners (2013) UK Supreme Court (on the review of trustee discretions), Prest v Petrodel (2013) UK Supreme Court (on resulting trust and statutory formalities), Day v Royal College of Music (2013) Court of Appeal (on the rule in Strong v Bird) and AG v Charity Commission Upper Tribunal (Tax And Chancery Chamber) (2012) on poverty charities. It also provides coverage of The Trusts (Capital and Income) Act 2013 and the Charity Commission’s 2013 official guidance on public benefit.Less

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This book explains the key topics covered on equity and trusts courses. The content of the text is designed to emphasise the relationship between equity, trusts, property, contract, and restitution to enable students to map out conceptual connections between related legal ideas. There is also a focus on modern cases in the commercial sphere to reflect the constantly changing and socially significant role of trusts and equity. The book starts by introducing equity and trusts. It then includes a chapter on understanding trusts, and moves on to consider capacity and formality requirements, certainty requirements, and the constitution of trusts. Various types of trusts are then examined such as purpose, charitable, and variation trusts. The book then describes issues related to trusteeship. Breach of trust is explained, as is informal trusts of land. There is a chapter on tracing, and then the book concludes by looking at equitable liability of strangers to trust and equitable doctrines and remedies. This new edition includes coverage of significant recent cases, including Patel v Mirza [2016], Supreme Court on the right to recover wealth transferred between parties to an illegal scheme; Burnden Holdings (UK) Ltd v Fielding [2018] UKSC 14; [2018] 2 WLR 885, Supreme Court on limitation of actions; Barnett v Creggy [2016], Court of Appeal on breach of trust and limitation of actions; Singha v Heer [2016], Court of Appeal on facts giving rise to declaration of trust; Clydesdale Bank plc v John Workman [2016], Court of Appeal on dishonest assistance in a breach of trust; Bathurst v Bathurst [2016], on variation of trusts; Newman v Clarke [2016], on fiduciary conflict of interest; RBC Trustees (CI) Ltd v Stubbs [2017], on rectification of a trust deed on the ground of mistake; Erlam v Rahman [2016] EWHC 111 and JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev [2017] EWHC 2426, on ‘sham” trusts’. It also provides coverage of the 2017 Money Laundering, Terrorist Financing and Transfer of Funds Regulations (SI 2017/692 as well as the EU Fourth Money Laundering Directive ((EU) 2015/849), as amended by the The EU Fifth Money Laundering Directive ((EU) 2018/843)Less

This text, the twelfth edition of Equity and the Law of Trusts, starts by looking at the history of the Court of Chancery, and gives an introduction to equity in the same chapter. Next it considers the concept of trust, the essentials of trust, and the juristic nature of trusts, and moves on to think about many different types of trust such as secret, constructive, resulting, unlawful, voidable, and charitable trusts. Following on from this, the book turns to trustees and the duties of trustees and trust funds. The appointment of agents, nominees, and custodians are then examined. Other trust issues are reported, such as the power of trustees and breach of trust. Injunctions are examined in detail with three chapters devoted to various related issues. Finally, the book describes specific performance and other equitable remedies.Less

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in equity and trusts. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Derek Whayman, including his assessment of the wider questions raised by the decision.Less

Essential Cases: Equity & Trusts provides a bridge between course textbooks and key case judgments. Essential Cases provides you with succinct summaries of some of the landmark and most influential cases in equity and trusts. Each summary begins with a review of the main case facts and decision. The summary is then concluded with expert commentary on the case from the author, Derek Whayman, including his assessment of the wider questions raised by the decision.Less

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. An Introduction to the Law of Trusts provides an introduction to trusts law, aiming to present a conceptual framework to aid understanding of this challenging area of the law. The text, which is the third edition, also identifies and discusses many analytical perspectives, encouraging a deeper understanding of the issues at hand. It offers treatment of specific areas, in particular remedial constructive trusts and trusts of family homes. Revised to take into account the Charities Act 2006, judicial developments through case law, and recent academic work in this area, this text provides an insightful introduction to the law of trusts.Less

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The Law of Trusts provides perceptive analysis and original and thought-provoking commentary to give students a grounding in what is considered to be a difficult subject. The book introduces the controversies surrounding the topic in a thought-provoking way, engaging the reader and giving an all-round picture of the key issues relating to the subject. In this new edition, Chapters 2 and 5 have been revised to reflect recent developments in the law of constructive and resulting trusts, with particular reference to the decision of O’Kelly v Davies (2014) concerning the ambit of illegality defence in the context of establishing informal trusts. Chapter 6 has also been revised to reflect developments in the law of formalities, including the decision in Rawstron v Freud (2014) on secret trusts. The tenth edition also includes coverage of the Supreme Court’s decisions in AIB Group (UK) v Mark Redler & Co (2014) and the reassessment of liability for dealing with trusts property and in Brazil v Durant (2015) relating to backwards tracing. The Court of Appeal’s decision in Novoship UK v Nikitin (2014), expanded discussion of FHR European Ventures LLP v Mankarious (2014), and Shergill v Khaira (2014) are also included.Less

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The Law of Trusts provides perceptive analysis and original and thought-provoking commentary to give students a grounding in what is considered to be a difficult subject. The book introduces the controversies surrounding the topic in a thought-provoking way, engaging the reader and giving an all-round picture of the key issues relating to the subject. New to this edition, Chapters 3, 5, 11, and 13 (Chapter 12 in the previous edition) have all been significantly revised to reflect recent developments in the law and the academic commentary on, respectively, beneficiaries’ standing to sue and rights to information, resulting trusts, breach of trust, and the law governing fiduciaries. Chapter 12 ‘Restitution, unjust enrichment, and the law of trusts’ is new; it brings together material previously found in other chapters, organising it in a more coherent way for the better appreciation of the student reader, whilst also containing a wholly new discussion of the leading cases and academic commentary in this area of law.Less

Pearce & Stevens: Trusts and Equitable Obligations provides a detailed account of the law of equity and trusts. It offers analysis of topics covered on equity and trusts modules on undergraduate law degrees. The sixth edition has been updated to cover current issues and states the law as of 1 August 2014. The treatment has been restructured to group topics more clearly together. Revisions include new chapters on succession, as well as more emphasis on equitable remedies, coverage of which now includes the use of injunctions to protect the emerging law of privacy and human rights. The book is comprised of thirty chapters, grouped together in seven parts. Part I considers the importance and contribution of equity, including remedies particularly specific performance and injunctions. Part II looks at creating the trust relationship, either expressly or by implication. Part III considers the application of trust concepts to other areas, including the family home, charities and the law of succession. Part IV is about the allocation of benefit. Part V is about asset management. Part VI concerns administration of trusts. Finally, Part VII considers checks and controls and remedies to recover trust property.Less